small business contracting

small business contractingSec. 6022. (a) Not later than September 30, 2005, the Department of Energy and the Small Business Administration shall enter into a memorandum of understanding setting forth an appropriate methodology for measuring the achievement of the Department of Energy with respect to awarding contracts to small businesses. (b) The methodology set forth in the memorandum of understanding entered into under subsection (a) shall, at a minimum, include—(1) a method of counting the achievement of the Department of Energy in awards of—(A) prime contracts; and (B) subcontracts to small businesses awarded by Department of Energy management and operating, 119 STAT. 286 management and integration, and other facility management prime contractors; and (2) uniform criteria that could be used by prime contractors when measuring the value and number of subcontracts awarded to small businesses. (c)(1) Not later than September 30, 2005, the Administrator of the Small Business Administration, the Chief Counsel for Advocacy of the Small Business Administration, the Chairman of the Defense Nuclear Facilities Safety Board, the Secretary of Energy, and the Administrator of the National Nuclear Security Administration, shall jointly conduct a study regarding the feasibility of possible changes to management and operating contracts and other management contracts within the Department of Energy to encourage new opportunities for small businesses to increase their role as prime contractors. (2) In conducting the study under paragraph (1), the Administrator of the Small Business Administration, the Chief Counsel for Advocacy of the Small Business Administration, the Chairman of the Defense Nuclear Facilities Safety Board, the Secretary of Energy, and the Administrator of the National Nuclear Security Administration shall jointly consider the impact of changes studied on—(A) accountability, competition, and sound management practices at the Department of Energy and its facilities managed by prime contractors; (B) safety, security, and oversight of Department of Energy facilities; and (C) the potential oversight and management requirements necessary to implement the findings of the study. (3) The Administrator of the Small Business Administration, the Chief Counsel for Advocacy of the Small Business Administration, the Chairman of the Defense Nuclear Facilities Safety Board, the Secretary of Energy, and the Administrator of the National Nuclear Security Administration shall report their joint findings to—(A) the Committee on Small Business and Entrepreneurship, the Committee on Energy and Natural Resources, the Committee on Armed Services, the Committee on Homeland Security and Government Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Small Business, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. (d)(1) Beginning on the date of enactment of this Act and ending at the conclusion of fiscal year 2007, in any case in which the Secretary of Energy decides to break-out appropriate large prime contracts, known as the management and operating contracts, for award to small businesses, the Secretary shall consider whether—(A) the services under the contract have previously been provided by a small business concern; and (B) the contract is of the type capable of being performed by a small business concern. (2) In the case of a contract awarded by the Department of Energy as a result of a break-out of subcontracts previously awarded 119 STAT. 287 by management and operating prime contractors and reawarded as a small business prime contract under paragraph (1)—(A) any such contract valued at more than $25,000,000 shall be required to have a subcontracting plan for small businesses; and (B) the Secretary shall make a determination on the advisability of requiring a local presence for small business subcontractors.